(a) It shall be unlawful and shall be a nuisance for an owner or custodian of any animal, livestock, poultry or fowl to harbor or keep any animal, livestock, poultry or fowl within the city which frequently or for a continued duration makes excessive, continuous or untimely sounds which are audible on the property of a complainant in the city.

(b) For the purposes of this section, “excessive, continuous or untimely sounds” shall mean any animal, livestock, poultry or fowl sounds (with the exception of dogs and cats which are covered by sections 7-33 and 7-35 of the city code) which:

(1) Can be heard inside the confines of a dwelling unit, house or apartment of another person between the hours of 10:00 p.m. and 7:00 a.m.; or

(2) Can be heard inside the confides of a dwelling unit, house or apartment of another person at least once a minute for ten (10) consecutive minutes between the hours of 7:00 a.m. and 10:00 p.m.; or

(3) Can be heard at fifty (50) feet or more feet from the animal, livestock, poultry or fowl between the hours of 10:00 p.m. and 7:00 a.m.; or

(4) Can be heard at fifty (50) feet or from the animal, livestock, poultry or fowl at least once a minute for ten (10) consecutive minutes between the hours of 7:00 a.m. and 10:00 p.m.

(c) Any person who is subjected to excessive, continuous or untimely sounds from any animal, livestock, poultry or fowl may appear before a magistrate and request that a summons to be issued summoning the person owning or having custody of any animal, livestock, poultry or fowl suspected of making excessive, continuous or untimely sounds before the general district court of the city to show cause why such animal, livestock, poultry or fowl should not be ordered to be removed beyond the city limits. Upon proof that such animal, livestock, poultry or fowl is making excessive, continuous or untimely sounds, such animal, livestock, poultry or fowl shall, upon order of the general district court, be removed beyond the city limits, as directed by the general district court.

(d) If the owner or custodian of any animal, livestock, poultry or fowl fails to comply with the general district court’s removal order within two (2) weeks, the animal control officer may impound the animal, livestock, poultry or fowl and offer the animal, livestock, poultry or fowl to an animal shelter for adoption in a home outside of the city or otherwise dispose of such animal, livestock, poultry or fowl if it cannot be adopted. (Ord. of 5-2-12, No. O-12-075)